The recent anti-monopoly related to automobiles is very lively. At present, it can be divided into two parts: “German car†and “Japanese carâ€. The two have obvious differences in anti-monopoly content. It is estimated that this has only just begun. There will be a good show behind it. The anti-monopoly story will continue to be staged in China. It is necessary to take a look at it and comb it.
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The “Japanese car†anti-monopoly involves component manufacturers. This is no longer a new thing. The first investigation and punishment was initiated by Japan’s own anti-monopoly law enforcement agency, the Japan Fair Trade Commission, and later the US Justice. The Anti-Monopoly Bureau and the EU Competition Commission later evolved into an international cooperation project, and anti-monopoly law enforcement agencies from countries such as South Korea and Canada participated.
The US Department of Justice's Anti-Monopoly Bureau's information disclosure is the best, and there is a topic on its website. Every legal document of the company involved in the investigation has been published here, and anyone can check and download it. There are now 26 companies and 29 individuals (yes, individuals) who have been convicted. Most of these individuals are senior executives of the company involved. The penalty is a fine of 1-2 years in jail, which is a criminal case. The total fines that have been determined so far are more than $2 billion, and this "big number" continues to increase. In contrast, as a big country in automobile production and consumption, China's pace must be lagging behind.
There are many types of parts involved in the "Japanese car", including seat belts, airbags, steering wheels, ABS systems, starters, electronic harnesses, ignition coils, shock absorbing rubber, electronic throttles, electronic control units (ECUs), speed sensors, HID headlights and more. The companies involved account for a considerable market share of these products. How old? Almost all, not just Japanese cars, but all big car manufacturers. Japanese parts are not only used by Japanese cars, but are used by everyone. Why? This is the same as if you want to fly abroad, or Boeing or Airbus has a reason, the technical quality is reliable, the price is cheap, and the spare parts manufacturers are so much. These manufacturers are still in the future, no move. Others can't do it, or they can make bad three days and two ends, and they can't use it.
There are two specific practices for the “Japanese car†involved in the “collusion†to monopolize: many parts are dedicated to a specific model, and the parts will be customized for three years before the OEMs finalize the production. The parts manufacturers negotiated in advance, and the result was that everyone took turns to win the bid. The bidding price without competition will of course be very high, and then everyone will share the results. The second is the general-purpose parts, which do not need to be customized in advance. The whole vehicle manufacturer will purchase at any time, and the Japanese component manufacturers will unilaterally quote (this is called the manipulation price), and then share the high return of collective cooperation (unity is power).
Japanese parts manufacturers collude and negotiate in places in Japan. They will find a remote place to meet, or who will meet at home; they don't use company mailboxes and office phones, they only use private mailboxes and telephones to communicate; they don't appear in the company. Names and personal names, but codes that are known only to their own talents; they must destroy all evidence for all participants.... This is not a detective film, it is an open and verifiable fact of the Anti-Monopoly Bureau of the US Department of Justice.
The result of the collusion monopoly is the high price of parts and components, and the price of the whole vehicle using these parts will rise. The US published documents clarify the amount of car sales using a manufacturer's parts and components, and then use this as a basis for determining the fine. Subsequent national anti-monopoly law enforcement agencies can save the previous investigation and evidence collection work, only need to statistically determine the sales of the parts involved in the country, and then determine the fines in turn, unless new violations are discovered. For example, Japanese component manufacturers have opened meetings for the Chinese market, especially in Shanghai, which requires further investigation and evidence collection. For the anti-monopoly law enforcement agencies in Japan, the United States, and the European Union that have spent a lot of energy to obtain evidence, we should like it.
It is said that the China Development and Reform Commission's investigation began with the “self-sufficiency†of Hitachi in March 2014. The first conviction in the United States was Furukawa Electric Co. Ltd., which was September 29, 2011. Big.
The anti-monopoly of the German car is about the producers and distributors. It is the collusion between the manufacturer and the dealer, maintaining the high price of parts and maintenance, and this is also the horizontal between different dealers. Collusion, the result is that a car can be sold and sold for 12 times the total price. Ordinary consumers care only about the cost of maintenance, but this is not the core of the plot. The most painful is the insurance company, which is insured at the price of the whole vehicle, and then claims at 12 times the price. The insurance company feels abused and begins to smash. Then there was the anti-monopoly of the "German car".
However, anti-monopoly cannot be “exclusiveâ€, and there can be no “exceptionsâ€. This model of producer-distributor exists in almost all car brands, similarly prohibiting cross-regional sales and limiting the number of dealers. Some brands only give one dealer to a city (may have multiple stores), how to compete?
Popularly speaking, "Japanese cars" is a horizontal monopoly, eliminating competition among component manufacturers; "German cars" is a vertical monopoly, ruining competition among dealers. Without the result of competition, the first is that the final consumer will have to spend more, and then it will delay technological innovation and reduce the overall efficiency of the industry. Consumers are victims, and protecting the interests of consumers from monopoly is one of the important purposes of antitrust. Consumers in the United States can initiate a civil lawsuit after the end of criminal proceedings, claiming three times compensation, which is the right granted to consumers by the Clayton Act of 1914.
Anti-monopoly should be the most legal thing. There should be plaintiffs, defendants, lawyers, evidence, judges, trials, defenses, and judgments. None of these can only be considered administrative actions. Going to court, the US government represented by the Ministry of Justice as the plaintiff, and the position of the defendant is completely equal. Both sides are telling the truth and the judges are the judges. The US government’s lawsuits in antitrust lawsuits are as frequent as the stars.
It is a pity that in China, the anti-monopoly of "Japanese cars" and "German cars" has not seen the shadow of the law until now.
But there is at least two advantages to a wave of anti-monopoly: let everyone know that China has the Anti-Monopoly Law; and China’s Anti-Monopoly Law is truly useful, and “no exception, no exception†is Official response to the challenge.
In the past, manufacturers who have experienced many wars and sneaked in various tricks may be able to play tricks in the Chinese market. I am afraid that it will not work in the future.
June 29, 2024